A law that deserves to be ignored

Published: Tuesday, July 29, 2014 at 5:30 a.m.

Last Modified: Monday, July 28, 2014 at 6:12 p.m.

Volusia County Republican Party officials aren’t likely to suffer any consequences for violating a bad state law that deserves to be stricken from the books.

The same can’t be said for their decision to break a longstanding GOP commandment.

The Volusia Republican Executive Committee stirred an intraparty hornet’s nest when it released a voter guide for the Aug. 26 elections. Entitled “Republican sample ballot,” it contained a list of Republican-approved candidates for local offices in nonpartisan races, including judgeships. And in some cases it involved endorsing registered Republicans running against each other.

According to a state statute enacted in 1971, “No political party or partisan political organization shall endorse, support, or assist any candidate in a campaign for election to judicial office.” Technically, the Executive Committee is in violation of the law.

However, that law is never enforced, and for good reason: It’s a blatant violation of the First Amendment right to free speech. Speaking out for or against a political candidate is the essence of that freedom.

Although the statute is meant to avoid politicizing judicial races, the fact is they were politicized the instant judgeships became elected positions and candidates’ names were placed on ballots. If electoral politics is the concern, the solution is to make those judgeships appointed positions, not to prevent private citizens from exercising their right to free speech for or against them.

State attorneys are justifiably reluctant to prosecute violations of this law. A law that no one respects and isn’t enforced doesn’t belong on the books. The Legislature should repeal it.

The Executive Committee won’t and shouldn’t pay a legal price for its voter guide. But it already is facing repercussions from inside the Republican Party.

The committee under Chairman Tony Ledbetter not only has been working hard since 2012 to change Volusia’s nonpartisan elections by identifying Republican candidates. It has gone a step further this year by officially choosing among Republicans running against each other, such as endorsing Rich Gailey over Fred Lowry Jr. for a Volusia County Council seat and George Trovato over Stan Schmidt for the county School Board.

That would seem to violate the party’s so-called “Eleventh Commandment,” popularized by Ronald Reagan: Thou shalt not speak ill of any fellow Republicans.

It certainly has riled up other Volusia Republicans, some of whom are active in the county’s other GOP organizations (the state party recognizes the Executive Committee as the county’s main group). Various members have fired off scathing missives to each other, with critics calling the committee’s endorsements divisive to the party. The Volusia County Republican Assembly (which supports Lowry) voted to censure the executive committee.

Local Republicans will have to decide if Ledbetter’s strategy is the best way to promote party ideas. Better that is settled through politics, though, than state law.

<p>Volusia County Republican Party officials aren't likely to suffer any consequences for violating a bad state law that deserves to be stricken from the books.</p><p>The same can't be said for their decision to break a longstanding GOP commandment.</p><p>The Volusia Republican Executive Committee stirred an intraparty hornet's nest when it released a voter guide for the Aug. 26 elections. Entitled “Republican sample ballot,” it contained a list of Republican-approved candidates for local offices in nonpartisan races, including judgeships. And in some cases it involved endorsing registered Republicans running against each other.</p><p>According to a state statute enacted in 1971, “No political party or partisan political organization shall endorse, support, or assist any candidate in a campaign for election to judicial office.” Technically, the Executive Committee is in violation of the law.</p><p>However, that law is never enforced, and for good reason: It's a blatant violation of the First Amendment right to free speech. Speaking out for or against a political candidate is the essence of that freedom. </p><p>Although the statute is meant to avoid politicizing judicial races, the fact is they were politicized the instant judgeships became elected positions and candidates' names were placed on ballots. If electoral politics is the concern, the solution is to make those judgeships appointed positions, not to prevent private citizens from exercising their right to free speech for or against them.</p><p>State attorneys are justifiably reluctant to prosecute violations of this law. A law that no one respects and isn't enforced doesn't belong on the books. The Legislature should repeal it.</p><p>The Executive Committee won't and shouldn't pay a legal price for its voter guide. But it already is facing repercussions from inside the Republican Party.</p><p>The committee under Chairman Tony Ledbetter not only has been working hard since 2012 to change Volusia's nonpartisan elections by identifying Republican candidates. It has gone a step further this year by officially choosing among Republicans running against each other, such as endorsing Rich Gailey over Fred Lowry Jr. for a Volusia County Council seat and George Trovato over Stan Schmidt for the county School Board.</p><p>That would seem to violate the party's so-called “Eleventh Commandment,” popularized by Ronald Reagan: Thou shalt not speak ill of any fellow Republicans.</p><p>It certainly has riled up other Volusia Republicans, some of whom are active in the county's other GOP organizations (the state party recognizes the Executive Committee as the county's main group). Various members have fired off scathing missives to each other, with critics calling the committee's endorsements divisive to the party. The Volusia County Republican Assembly (which supports Lowry) voted to censure the executive committee.</p><p>Local Republicans will have to decide if Ledbetter's strategy is the best way to promote party ideas. Better that is settled through politics, though, than state law.</p>